Bill Text: NY A07297 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes a green development home tax exemption authorizing a 35% exemption from local real property taxation for homes that are part of green developments as LEED certified or certified by the national association of home builders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to real property taxation [A07297 Detail]

Download: New_York-2013-A07297-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7297
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 10, 2013
                                      ___________
       Introduced by M. of A. CAHILL -- read once and referred to the Committee
         on Real Property Taxation
       AN ACT to amend the real property tax law, in relation to establishing a
         green development home tax exemption
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The real property tax  law  is  amended  by  adding  a  new
    2  section 431 to read as follows:
    3    S  431.  GREEN  DEVELOPMENT  HOME  TAX EXEMPTION.   1. AS USED IN THIS
    4  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A) "MUNICIPALITY" MEANS ANY TOWN, CITY OR VILLAGE, EXCEPT FOR A  CITY
    6  HAVING MORE THAN ONE MILLION INHABITANTS.
    7    (B)  "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY TAXES
    8  ON THE PROPERTY FOR WHICH AN EXEMPTION FROM REAL  PROPERTY  TAXES  UNDER
    9  THIS SECTION IS SOUGHT.
   10    (C)  "CERTIFIED  SILVER" SHALL MEAN (I) CERTIFIED BY THE NAHB NATIONAL
   11  GREEN BUILDING CERTIFICATION PROGRAM AT A  PERFORMANCE  POINT  LEVEL  OF
   12  SILVER  OR BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER OR
   13  BETTER.
   14    (D)  "GREEN  DEVELOPMENT  NEIGHBORHOOD"  SHALL  MEAN  A   SUBDIVISION,
   15  CONSISTING OF NEW ONE, TWO OR THREE FAMILY RESIDENCES THAT IS (A) EITHER
   16  A  GREEN  DEVELOPMENT  OR  LEED-ND  CERTIFIED,  AND  (B) SUBJECT TO DEED
   17  RESTRICTIONS OR OTHER COVENANTS RUNNING WITH THE LAND WHICH REQUIRE  ALL
   18  RESIDENCES  WITHIN  THE SUBDIVISION TO BE CONSTRUCTED SO AS TO BE CERTI-
   19  FIED SILVER.
   20    (E) "GREEN DEVELOPMENT" SHALL MEAN A SUBDIVISION  DEVELOPMENT  WITH  A
   21  PERFORMANCE POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB.
   22    (F) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER-
   23  SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM.
   24    (G)  "RESIDENCE"  SHALL  MEAN  A  ONE, TWO OR THREE FAMILY RESIDENTIAL
   25  STRUCTURE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04024-02-3
       A. 7297                             2
    1    (H) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
    2    (I) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS.
    3    (J)  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION,  LIMITED LIABILITY
    4  COMPANY, PARTNERSHIP, ASSOCIATION, AGENCY,  TRUST,  ESTATE,  FOREIGN  OR
    5  DOMESTIC GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY.
    6    2.  (A)  THE  LOCAL LEGISLATIVE BODY OF ANY MUNICIPALITY MAY, BY LOCAL
    7  LAW, PROVIDE FOR  THE  EXEMPTION  OF  REAL  PROPERTY  FROM  TAXATION  AS
    8  PROVIDED  IN  THIS  SECTION.  UPON THE ADOPTION OF SUCH A LOCAL LAW, THE
    9  COUNTY IN WHICH SUCH MUNICIPALITY IS LOCATED MAY, BY LOCAL LAW, AND  ANY
   10  SCHOOL  DISTRICT,  ALL OR PART OF WHICH IS LOCATED IN SUCH MUNICIPALITY,
   11  MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY FROM ITS TAXATION IN  THE  SAME
   12  MANNER AND TO THE SAME EXTENT AS SUCH MUNICIPALITY. UPON THE ADOPTION OF
   13  SUCH  A  LOCAL  LAW,  RESIDENTIAL AND COMMON AREA REAL PROPERTY WITHIN A
   14  GREEN DEVELOPMENT NEIGHBORHOOD MEETING THE REQUIREMENTS OF PARAGRAPH (B)
   15  OF THIS SUBDIVISION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
   16  LEVIES TO THE EXTENT OF THIRTY-FIVE PERCENT OF  THE  ASSESSED  VALUE  OF
   17  SUCH  REAL PROPERTY. SUCH LOCAL LAW SHALL PROVIDE FOR THE PERIOD OF TIME
   18  DURING WHICH SUCH EXEMPTION SHALL CONTINUE, BUT IN NO EVENT LONGER  THAN
   19  TWENTY YEARS FOR EACH PARCEL WHICH APPLIES FOR SUCH EXEMPTION.
   20    (B)  UPON  OBTAINING  A  LEED-ND  CERTIFICATION  OR  GREEN DEVELOPMENT
   21  CERTIFICATION, A DEVELOPER SHALL FILE  WITH  THE  TAX  ASSESSOR  OF  THE
   22  ASSESSING  UNIT  A COPY OF SUCH CERTIFICATION TOGETHER WITH A MAP OF THE
   23  SUBDIVISION AND EVIDENCE THAT ALL OF THE RESIDENTIAL PARCELS WITHIN  THE
   24  SUBDIVISION  ARE  SUBJECT TO DEED RESTRICTIONS OR COVENANTS RUNNING WITH
   25  THE LAND WHICH REQUIRE RESIDENCES TO BE CONSTRUCTED SO AS TO  BE  CERTI-
   26  FIED SILVER. INDIVIDUAL RESIDENTIAL PARCELS WITHIN THE SUBDIVISION SHALL
   27  BE  ENTITLED  TO  A TAX EXEMPTION AS PROVIDED IN THE LOCAL LAW OR RESOL-
   28  UTION UPON SUBMISSION TO THE TAX  ASSESSOR  OF  DOCUMENTATION  THAT  THE
   29  CONSTRUCTION  IS CERTIFIED SILVER. COMMON AREA AND VACANT PARCELS WITHIN
   30  THE SUBDIVISION SHALL BE EXEMPT AS PROVIDED IN THE LOCAL LAW  OR  RESOL-
   31  UTION  UPON  SUBMISSION  OF THE CERTIFICATION AND MAP TO THE ASSESSOR BY
   32  THE DEVELOPER.
   33    (C) AN EXEMPTION UNDER THIS SECTION SHALL BE GRANTED ONLY UPON  APPLI-
   34  CATION  BY  THE  OWNER OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE
   35  COMMISSIONER. SUCH APPLICATION SHALL BE FILED WITH THE ASSESSOR  OF  THE
   36  MUNICIPALITY  OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION
   37  ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR
   38  COUNTY.
   39    (D) IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO  AN
   40  EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
   41  TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
   42  SPECIAL  AD  VALOREM  LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
   43  THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE FOLLOWING THE
   44  SUBMISSION OF AN APPLICATION TO THE ASSESSOR. THE ASSESSED VALUE OF  ANY
   45  EXEMPTION  GRANTED  PURSUANT  TO  THIS  SECTION  SHALL BE ENTERED BY THE
   46  ASSESSOR ON THE ASSESSMENT ROLL WITH  THE  TAXABLE  PROPERTY,  WITH  THE
   47  AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   48    (E)  NO  SUCH  EXEMPTION SHALL BE GRANTED UNLESS CONSTRUCTION OF RESI-
   49  DENCES WITHIN A GREEN DEVELOPMENT NEIGHBORHOOD WAS COMMENCED  SUBSEQUENT
   50  TO THE DATE ON WHICH THE MUNICIPALITY'S LOCAL LAW TOOK EFFECT.
   51    S 2. This act shall take effect on the one hundred twentieth day after
   52  it  shall have become a law. Effective immediately, the addition, amend-
   53  ment and/or repeal of any rule or regulation necessary for the implemen-
   54  tation of this act on its effective date is authorized to be made on  or
   55  before such date.